ninvestigators say the masterpieces were professionally stored and said to be in good condition. they face the daunting task of getting the artwork back to the rightful owners. >> hopefullyel that make it home. >> thanks for joining us everybody. >> bill and ally up next. in the hot seat again. back for a second time to defend obama care. welcome to hq. i am alisyn camerota. nand i am bill hemmer. glad to see you off of elevator. >> i got off. >> tough questions of putting the president's words in the law. >> why not put the president's words in to law and simply say if you like the plan you have. we'll not decide. if you like the plan you have you can cope it without changing the thing. that's what is on the white house website today. >> before we get in the details,

everybody should take a deep breath. it is a website and it is a machine that will be fixed. >> the decisions than made. if they don't meet the minimum benefit established you should the a ca. that individual's plan will be cancelled. >> the sun doesn't rise and set in washington d.c. or eastern standard time. >> yeah, yeah. wlthat. >> after hundreds of millions of dollars you should have something. >> peter doosy watching it all from washington now, peter? >> reporter: bill, one of the headlines is that there was no security testing on the system of on line exchanges at all before the sight went live last month. >> was there ever any end testoth testing? >> there was end to end testoth

hub. there was individual modullar test anything demonstration testing inside of the exchange, meaning that we had sample cases and situations that we tested all the way through. we could not test live until we went live and therefore the temporary operation. >> reporter: she said healthcare.gov can handle 17,000 registration and if it is fixed like the administration wants, the next step is a big pr push to bring people back. >> our goal to stabilize the website and we have a targeted plan that includes not only young people but the uninsured in markets, so yes, there is a plan. >> what kind of plan is it? >> combination of media, television, radio, some print.

it is identified by top markets and i am happy to share that plan with you all. >> reporter: we have been hearing for weeks that the first federal enrollment numbers come sometime in midnovember. we'll get october enrollment figures next week. bill. >> ten days to g. middle of november is november 15th. alisyn? the president appears to be fine tuning his message and old promise. this is what it used to be. >> if you like your doctor, you will be able to keep your doctor. (applause) >> okay, and so now that period is replaced by an if. >> if you had or have one of these plans before the affordable care act came into law and you really liked that

plan, what we said was you could keep it. >> if it hasn't changed since the laws passed. we'll go to the white house briefing where jay carney is speaking about the very thing. >> the general principle and promise of the affordable care act. if you are one of the 80 percent of the americans who is insured or covered through an employer plan or through medicare or medicaid, or the veteran's administration, there is no change for you except for an increase in benefits that everyone receives as a result of the affordable care act. if you are one of the 15 percent of the americans on that are uninsured and only recourse for health care is the emergency room, then you have nothing but better options, because you have available to you potentially

free or very affordable health coverage and free if it goes through medicaid or affordable options that did not exist for you before. if you are one of those americans in what makes up only five percent of the population that receive and get coverage through the individual market, and had a plan before the law passed, then it has not been changed by the insurance company and cancelled by the insurance company. you can keep it and writ nen the law and explained by secretary sebelius when the rule of that law was published in 2010. however, if you are in the individual market and your insurance company down graded your plan and changed your plan, your insurance has to meet the basic standards set by the affordable care act.

and what our job is and the failure of the website to function effectively made the job more difficult, make sure that americans and portion of five percent of the population are getting information they need to know that they can avail themselves of tax credits, that will make their insurance cheaper than it otherwise would be. and in all situations for them, insurance options they have available to them is better and more quality coverage than what they are getting now. and the boston said there last night a portion of the individuals will pay higher premiums in the front end and the president talked about that in boston and again last night. we are focused on getting the implementation on track, and so that americans across the country are able to get the benefits that the affordable care act promises.

>> all right, let's get help with what jay carney said. bret baier is here. >> hi, alisyn. >> you are fluent in washington speak. you have been there long enough. jay carney said we didn't break that promise. if your insurance down graded it, it is not our fault, it is the insurance company's fault, is he accurate? >> no, no one said what they say they said. the president said what we said you could keep your plan if it hasn't changed since the laws passed. in the 27 sound bites that we played from the president did you hear that end part? no, what we hear in the sound bite. you can keep your plan if you like your plan period. he said that numerous, numerous

times. and the whole new apse if the plan changes at all, we are talking about at all. one there. if the premium changes and if the detuktible shifts or change at all. then you are automatically dropped from that plan. we are talking about right now, 3.5 million cancellation letters are going out and that potential gets higher and that doesn't include the people affected by the employer man date that is delayed by a year. >> the president said something like two dozen times and maybe more. they are two dozen times if you like your plan cope your plan period. he said it on tape. does the white house not think that americans would remember that or we would bring it up?

who is managing this message? >> that is a great question, alisyn. the more the briefings come forward and jay carney will try to say something that everyone heard many times and everybody in the briefing room knows what they heard and have seen and they are trying to say something different. that's why you are seeing the tense briefing changes not only ed henry from fox but johnathon darl from abc. and julie press from associated press. challenging the voracitty. they know they are an issue here and that's why they are trying to change now what they said they said from the beginning. >> and jay carney is having to do the verbal gymnaftices in front of everybody. bee don't envy his position right now. bret baier, thank you for helping us today. there is concerns about the early enrollees that are earlier

than expected. lou dobbes here is explain why it is so critical. >> i am great, bill, and the reason we have a problem or specifically, the president has a problem, it is all about cost averaging. young people in the model for obama care are supposed to be picking up the high price of medical care for older americans. it is not happening because younger americans are not enrolling not anywhere near the rates the model anticipated and it is far more than a problem with the website. the basic fundmental economic model is brokening here. and while there is great expressions of optimisms of that reversing itself later as we move to the end of the nt presi young people are expected to come in and why you have seen the stocks of united health care and a etna, and ciowa gna, and

well point move down sharply. >> did not know. that wall street journal reports. from the state of michigan, new age of new newcomers pob. and average age 41. and state of kentucky over the age of 55. and 24 percent under the age of 34. it is simple math again. >> it is simple math and the fact is, one part of the math we didn't put up there, bill is that most of the younger people are going into medicaid and not obama care. and so we have a huge problem building for the insurance companies and it is potentially a critical blow to the finance. >> and if you know this and you need young americans to sign up for this, why was it written in the law to allow everybody to stay on the plan until 26? you need 21 and 26 years old to make the math work?

>> absolutely. the whys go on. one can't imagine why you would spend $1.8 trillion to provide coverage for folks who don't have that coverage. this administration got obama care in addition to lying about keeping your doctor and insurance and basically saying that this was going to reduce premium costs and the inverse is happening. this administration has 0, credibility on obama care and affecting the lame duck president's legacy. network thank you, lou, catch you on fox business. bill, as you know it is election day. listen to the watched races. >> updates on that and serious concerns for the american pastor in iran. his life is at risk after a troubling development in that

country. here on the left side medicare chief testifying before the senate today. tomorrow hss kathleen sebelius's turn and then what they want to hear. >> i personally shared with the secretary in september tla that there were modules that we were going to delay. farmer: hello, i'm an idaho potato farmer.

and our giant idaho potato truck is still missing. so my dog and i we're going to go find it. it's out there somewhere spreading the good word about idaho potatoes and raising money for meals on wheels. but we'd really like our truck back, so if you see it, let us know, would you? thanks. what?

just a reminder it is election day. so get out and vote. bill hemmer. and big races in the country. virginia democrat terrory mccallus battling it out. and governor chris christie is expected to win reelection easily. and first time in 12 years new

york city will pick a new mayor. and the democrat is expected to trounce the republican opponent. >> polls are open until seven. >> the kids will not be able to hear their dad's voice. and it is devastating until they are teenagers and toddlers right now, they will not hear their dad's voice or see him. >> that's the wife of an american pastor from earlier this year and talking about the family's ordeal. there are new concerns for the family after word that her husband is being moved to a different jail. jay sekolo. and jordan, good day to you. >> why would a different jail be so difficult for him? >> well, this jail is a murderer's jail and a violent

criminal jail. the prison as horrible as it is, it is a political prison. and this prison is further outside of teheran and harder for family's to visit and this time though they are supposed to get once every other visits he is not allowed visitors and inward nine which is the murder ward. he is sharing a cell with people on death row. and unlike a prison that is horrendous and face torteur, you are in prison with violent prison guards. that's why the concern is so high. >> apparently a family member was told he was moved. why would he be moved? >> we are concerned about it. not that the united states government is dopely troubled. the state department, their tone was serious yesterday when they

heard about the news. they have reached out and the president made a phone call and mentioned him. it is more likely an internal battle. fox news reported. you showed the protest and death to americans in iran. and they are trying to undermine the negotiations with the united states and iran, primarily revoluntary guard corps. they would have the power to tran fer him and if he were to be killed. prisoners go to disa pore here. and it is likely and common for murders to occur and people to be executed and the state to blame it on other prisoners to undermine u.s., and any growing u.s. relationship there. ntwo quick things, jordan. does the family in iran has any contact and his health?

>> it was getting better and the family doesn't know when they will next be able to so him. they were told he is not allowed visitors and under quarentine. >> and jay is watching the story. >> it is not getting better yet. meanwhile new concerns that obama care could cut access for health care for children. also disturbing video of the nfl player that is accused of bullying his own teammate. (bleep) >> listen. >> (bleep).

well, health and human services secretary sebelius was given a present in a tennessee health care event on friday but it didn't look like she wanted it. a itate senator handed her websites for dummies. it was passed off to an aide, it is doubtful she will send a thank you note. >> that is the only picture that exists. and the state senator will come up in 30 minutes and we'll talk to him about that whole interchange. >> and what message was sent. >> what would you ask kathleen sebelius. >> send me a tweet. bill hemmer or alisyn camerota. >> we sure do. one children's hospital was boated from all of the insurance

plans. and thousands of sick kids could lose their doctors. what will come of it, dan? >> it is happening across the country as other high- end hospitals are booted over prices. the children's hospital is the top in the pacific northwest and one of the best in the u.s. and charges more for services than neighboring hospitals that got it excluded from half of the plans solid on the washington state exchange. so it is not an end network provider. they will have to prove seattle children's is the only hospital ha can provide the health care they need if they can't do that they will have to payout of pocket or go elsewhere. >> if you denotice access to care that you can hurt children and children's health and that's at risk here. nseattle children is sowing the

state insurance commissioner to block all plans that don't include the hospital. but the commissioner said thi have to charge less for services that are offered at competing hospital. 88 percent of the care can be received elsewhere and costs 60 percent more at children. with all of the man dated benefits under obama care, excluding expensive providers is a way to bend the cost curve. >> other settings that may charge less are available to consumers of equal quality and outcomes. >> and what is at issue is the debate over quality. there is no way to tell us that the care is equal. people are upset with the nower options and potentially inferior care. >> thank you. that is a story out of seattle for us today. >> we are learning more about a gunman in a shooting rampage in the largest shopping mall in

new jersey. >> the spinning their way out of the obama care mess. nplus, round two for kathleen sebelius, senator kelly a yotte will tell us what she wants to hear. >> i will rexhind you some people like to drive a ford and not ferrari and like a red cup rather than a crystal stem. you are taking away their choice.

quick check of the head lines for you. a man opened fire inside of a shopping mall and died of a self- inflected gun shot. and hours after the shots rang out and a note has been found. no details on that. >> toronto's embattled mayor admitted he smoked crack cocaine. it happen a yearing on in a drunken stupor. and that's a great excuse. he's apologizing but not resigning. also a man had a motorcycle stolen 46 years ago and customs recovered the triumph tiger in the port of los angeles. found to be loaded on a ship to japan. he got it back and he can be a colsmooth easy rider he once was. >> at an advanced age now. but i am sure he is still col. >> let it ride.

let me say directly to these americans, you deserve better. i a poll otherwise. >> madam secretary, you are from kansas we are not from kansas are anymore. >> each piece of the code has been tested. >> no. i don't know. >> i think it is great you are a time player and taking responsibility. it is the president's ultimate responsibility, correct. >> you clearly. whatever. yes, he is the president and he is responsible for government prom programs. >> that was hsa secretary kathleen sebelius grilled about the messy obama care website roll out. she will be back before a senate committee and joining us on what she wants to hear tomorrow is senator kelly a ylotte. >> secretary sebelius spoke for throw and half-hours and what more do you want to hear from her? >> there is so much more to

hear. she can't answer basic questions on how many people enrolled and she hasn't been able to assure the american people that the website is secower and we understand it may not be fully tested and there is real concern about the privacy of the americans. why won't we have a time out on this law? the problems are deeper from the website. my constituents are getting increased premiums notices and cancellation of plans they like and want to keep and can't keep. and people who are getting hours cut because of a 29 work week. and why can't you have a time out on this law? why won't the president do that? it is it a deep problem. >> senator, i as a mother of three understand a time out. what do you mean when you say time out for obama care? >> you know, alisyn, if there is a problem and they are fighting, you give them a time out and put

them in the corner and work it out. that's where we are now. average mefrn americans are hurt and it is time for a time out and a sports analogy to have a time out to resolve this. and get together on a bipartisan basis. this law was passed on partisan lines. it is not working and causing my constituents who are getting cancellation notices and concerned about premiums and i am hearing from them. >> basically tomorrow, you want to hear about enrollment. the secretary said she will have those answers better in midnovember. have you given her enough time to come up with an exact number of how many people enroll. >> it is absurd. she couldn't give the numbers because it is to unreliable. if it is too unreliable. how can the american people be

certain that the site is secure? think about it in that way. those are basic questions to be answered and do they know and not want to tell us? we need answers. >> it sounded like she department know about the security and there was a heated exchange in the house questioning last week where she was not able to dive in the nuts and bolts of how to prove that it was secower. >> she is not an it expert. should she be able to answer technology questions? >> i think so. wouldn't that be one of the foremost questions that you had if you are taken up a website and includes people's personal information and will they be protected from identity theft and they're not embarrassed on personal things like health care? >> so if you do not hear her tomorrow able to explain how the technology works and it is

secure and how many people enrolled, you will not be satisfied with this hearing tomorrow. >> i won't be. and i want to get back to the problems are much deeper than the website. they are receiving cancellation and they need to be draesdz and i would like to hear veries about. that >> we'll see if people take up your call for a time out to sort it out before more mefrns are subjected to the glitches. senator a ylotte great to see you, too. >> seven days later, we have a little bit of a preview coming up. >> and president obama coming under fire from republicans and democrats who are wondering why can't he run the government better than he run the national campaigns. >> we have a director for american cross roads and richard fouler is i radio talk show

host. and my colleague bill hemmer who wrote that in the prompter for me. johnathon, what is up with this >> i would invite every fox nows viewer to go and do a term for bum bullpen didn't know about. there is dozens of headlines over how obama didn't know about the health care website crashing and didn't know about the irs targeting conservative groups and nsa and spying scandal or benghazi. we are in a situation, the president either didn't know about these things, or his staff is covering up for him. either way it is it a bad case and creating a crisis of credibility for the white house. >> richard, even the la times has annarticle in which they describe the president a sleep at the wheel. he was long described as disengaged and not his style to roll up sloefs and get in the

mud and muck. is he too disengaged? >> not at all. what we have seen from the president. he has angry words about what is going on wrong with the programs. what the american people need to see the same fire and indignation of what is going on and how he will do everything in the power to fix it. the other thing the president has to do in the second year of the term, that is, he needs to really push forward his agenda and talk about immigration reform and employee. >> he can't deputy there. >> we don't want to hear about immigration when they don't know if their health care is cancelled. >> what they want to see is leadership. he is leading. >> he's not showing. it >> johnathon? >> we know that the president can manage stuff. we saw a incredible campaign where the best and brightest did

incredible things. but they have left to it go to the private sector where productivity is valued and they have left the government here and they are unable to manage anything. it is a crisis of leadership. no heads have rolled and he hasn't fired. the only person he fired is irs chief and replaced him with someone there. >> they fired the operator in alabama, too >> there you go. >> do you think that the president is using the most effective style as he goes from crisis to crisis. some people say reactive but not proactive. >> i beg to differ. in the syria crisis is a president proactive. we'll lead from the front and i will work with people on the hill to solve this problem. we know he is a good leader and capable and run two successful. >> richard? >> he's appearing to be more

subpoena in preserving power than governing here and that is a issue here. the only person really leading in syria was vladimar putin. >> that is not true. the president upheld the constitution and came to a solution. >> richard? >> the specific question. you are saying you are okay with the style? >> he needs to talk to the american people about how up upset. >> you need more than upset you are. >> that is chapter, two, thank you to both of you. >> appreciate it. >> could a little known quirk in obama care open up widespread fraud. and the judge is on that. and what, the taxpayer needs to know. >> health and human services secretary kathleen sebelius

didn't like the look of this cover. we speak to the tennessee law maker who handed the secretary a copy of a book she didn't like.

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i get information on quality rated doctors, treatment options and cost estimates, so we can ke better health decisions. that's health in numbers. unitedhealthcare. more firms took on new workers despite a partial government shutdown. no one predicted. that that is in the ism which gauges how hotels and restaurants are doing in america today. >> time to check in with gretchen carlson. >> did the administration ignore security concerns before launching the healthcare.gov? why would you be concerned about that? maybe your personal information would be at risk and you could be hacked. we'll talk to one of the senators. and have a chaps to grill her. >> rnc chairman will be here talking about obama care getting

the six- figure hollywood treatment. and a former miami dolphin star joins me to talk about the bullying scandal. is it typical locker room stuff or over the top. >> see you if 15 minutes. >> obama care is one of the most complicated laws passed in decades. >> there is concerns that it could be vulnerable to widespread fraud. joaning us is judge napolitano. >> i. >> explain how obama care might be vulnerability to kick backs and fraud. >> there is federal law that prohibits kick backs and it would prohibit a seller of medical devices or seller of pharmaceuticals from giving money from officials in a hospital in return for buying the devices or buying the

pharmaceuticals. that is known as a bribe. obama care is exempted from the kick back law. the government will not enforce the federal laws prohibiting kick backs with respect to obama care. that is a big picture. and small potential for fraud is the credits. obama care makes certain people qualify for credits that is reimbursement to them for the cost of their health care by loosening the standards as to who qualifies for credits and that comes from irs. your tax bill is reduced depending on how the income is. >> and so break it down and be a bit more precise here. the law removes an aspect that, that could potentially crack down on fraud?

>> the law. >> that is weakened? >> the law authorizes the secretary of health and human services to remove the ability of the justice department and enforce the anti- kick back law with respect to the of health care services in the united states. >> judge, the kick back law is in place for medicare and works well. >> yes. >> why would they remove it from obama care? >> there is so much reason that there is wiggle room in obama care to allow the president and his administration and punish his enemies and reward the supporters and relieve his supporters of a burden and grant his supporters the benefit. there is an delay here and acceleration there. i never have seen in 40 years and watching and analyzing federal law so much wiggle room in the hands of the executive branch as there is in obama

care. it is clear they knew from the get go, they knew it would not work as they thought it would. and so they gave the president or secretary sebelius extraordinary, unheard of authority to decide which laws to be enforced and which won't. >> if that is at case when it comes to kick back and fraud. the price could balloon, judge. >> that's the reason keck backs are illegal. who pays for them? the consumer pays a higher price. we absorb the costs of the kick back and this will in turn shoot up insurance premiums for those who pay them and shoot down insurance premiums for those who have them paid for by the taxpayers which is the rest of us. >> why are you the only one talking about this. >> your producers were kind enough to discuss this.

>> you knew about it? >> no. i didn't know about this until two days ago. when those of us who watched this stuff became aware of it. it is the 50 time i discussed it on air. >> thank you so much, judge for explaining it to us. we'll follow-up and have you back on. >> no matter what we talk about is a pleasure. >> there is disturbing video showing of a football player going on a foul- mouthed rant. >> this is not what the nfl wants to see or miami dolphins. the latest on the fallout today that we just found out. (bleep) (bleep) (inaudible) okay, listen up! i'm re-workin' the menu.

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>> jay carney. >> it's harder for these individuals to find out and be assured by the fact that they have options for indisputably better coverage. so that's on us. i accept that. >> you keep saying this is only 5%. earlier in the briefing you said, you know, i understand there were mistakes with the website, we own that, etc., etc. isn't this more though? isn't it about -- it's been said the president's words matter but also his credibility with the american people. even if it's only involving 5% of the american people, still millions of people. doesn't his credibility matter? >> again, it's a portion of the 5%. for precision sake but what i can tell you is that the president campaigned on, argued

for, signed into law the affordable care act. what he's focused on when it comes to what he believes is right for the american people, what he ran on, what he ran for re-election on is on health insurance reform, it sets minimum standards of coverage. it allows for access for every american to quality afford annual health coverage. a reform that when fully implemented will reduce our deficit significantly over the long term and will live up to its promise of reducing overall costs, and we've seen that already. again, the opposite has happened. >> trying to handle all of these questions, which there are many over the past hour. watching that from the white house briefing room. >> we told you about an awkward moment when state senator brian kelsey handed her a gift, the book "website for dummies." >> brian kelsey is with us now.

sir, good day to you. you made a lot of news in memphis. why did you do it? >> well, i just wanted to share this message with the secretary that, in fact, she's done such a poor job of designing this website that i don't want her designing our medicaid expansion in tennessee as well. >> what was the secretary's response when you gave her that book for dummies? >> she didn't respond immedia immediate immediately. i think she was confused. when she realized what it was, she tried to get rid of it. it was caught on camera at that point. >> how long did she have it, sir? >> probably just a few seconds. i didn't think anyone in the room had noticed at all, but my point was to get that message through to her as quickly as possible that this is -- that she's done a poor job at designing this website, very poor job. >> senator kelsey, is it very possible that the answer lies in the pages of that book? is it possible that somebody at the website read that? maybe there's a button they could push or a plug that is missing or something? >> i would hope for $174 million that somebody had a clue what

was written in this book. i mean, obviously this has just been an you thor failure. even today i'm sure you saw in the wall street journal it showed that young people are not buying health insurance. they're not going to call a phone number and get on there. they want to see an internet site. they want to see it on a screen what they're purchasing. at the end of the day, look, this was a joke. it was given in a lighthearted manner and if you can't take a joke, then you need to get out of the business of public service that we are both in. the underlying message is a very serious one that's got to be corrected. >> you made a moment. thanks for sharing with us today. brian kelsey, state senator out of memphis, tennessee. >> thank you, bill. >> thank you. well, it looks like we might not be so alone in the universe after all. >> what have you got? >> a fascinating new study that could change the way we look at earth and the stars. >> how about ya? >> we're not alone. ♪ ♪

♪ ♪ no reason to be so lonely after all. a new study finds the milky way is filled with billions of planets that are about the size of earth. >> who knew? like 8.8 billion, so we're not so special. >> you're not alone. here comes gretchen. >> hi, everyone. on "the real story" the medicare chief testifying on the hill again. as we're learning, the obama care website could expose your social security numbers to hackers, great. but the president's honesty about health care an even bigger problem. plus, does hollywood need half a million bucks to push obama care? we have his take live in the studio. after the l.a.x. rampage, just ahead of all of us going shopping. how scared should we be? the doctor leaving his wife to be